This short opinion in the ongoing matter of Gore v. Al Jazeera America Holdings I, Inc., C.A. No. 10040-VCG, is notable for its recitation of the standard governing a motion for clarification pursuant to Court of Chancery Rule 59(f). In…

Readers of these pages are aware that over 90% of major deals are the subject of litigation challenging various aspects of mergers. Tom Hals of Reuters provides an insightful article about a plaintiff who often appears in many such…

3850 & 3860 Colonial Blvd LLC v. Griffin, C.A. 9575-VCN (February 26, 2015) This is an interesting decision because it deals with whether an LLC agreement requiring arbitration may be enforced even after the LLC was converted into a…

Halpin v. Riverstone National Inc., C.A. 9796-VCG (February 26, 2015) Whether drag-along rights can preclude an appraisal action for common stock has not been decided in Delaware. Here, because the merger was completed before the…

Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans…

When should you ask your job applicants about their religious beliefs?

Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. In Abercrombie, the company did not hire a woman who wore a headscarf at her interview, because she did not conform to the…

Judge Andrews has issued his memorandum opinion construing disputed terms of four patents related to logic and memory circuits for integration into high density integrated circuit chips. In 2011, the plaintiffs, HSM Portfolio and Technology…

Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure

On Wednesday, June 18, Judge Leonard P. Stark published a new form scheduling order on the District of Delaware web site for non-ANDA patent cases, as well as a new form pre-trial order for patent cases, a new set of...

The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman…

Lawsuits, Discovery, and the Right to Privacy In the Context of Social Media

A party’s “right to privacy” in the context of social media is the subject for numerous motions in civil litigation. The scenario goes like this: Plaintiff sues defendant, alleging injuries. Defendants…

Earlier this week, I wrote about the issue of threats made via Facebook constitute constitutionally protected speech. Today’s post also is about threats made via Facebook but in the context of the workplace. The case,…

Howard D. Geneslaw, a Director in the firm’s Real Property & Environmental Department and Secretary of the Land Use Section of the New Jersey State Bar Association, will be participating, as both a moderator and speaker, at the…

On January 14, the U.S. Court of Appeals for the 5th Circuit ruled that the sale of a useful chemical did not make the seller an "arranger for disposal" under Superfund, even where seller knew that some of that chemical would be spilled…

Domestic abuse is a costly problem for businesses
Claudia, a hairdresser at the salon I frequent, impressed me as a woman who had her life together. She was also a caring mother of two children. Therefore I was shocked to learn that Claudia's…

As reported here in March of 2014, the U.S. Supreme Court declined to grant certiorari of the Delaware Court of Chancery’s appeal of the Third Circuit’s ruling in Delaware Coalition for Open Government v.…

In a case of first impression, Vice Chancellor Laster issued an opinion in October 2014 holding that the Delaware Uniform Contribution Among Tortfeasors Act (“DUCATA”) did not bar RBC Capital Markets LLC from collecting a…

In appraisal actions, expert witnesses are often retained by parties and serve very important roles in the determination of the value of a company’s shares. We recently highlighted a decision involving a “battle of the…

Delaware Criminal Lawyer Blog

Recently Shane Kiser was arrested and charges with, among other things, attempted rape in the first degree. The investigation alleges that Mr. Kiser was attempting to solicit sex with a young boy over the internet. The interesting thing is…

Yesterday I argued the case of State v. Eley at the Delaware Supreme Court. This appeal was the result of a trial that occurred early in 2009. The backstory of this case is essentially that Mr. Eley was residing in an apartment that he…

A disturbing trend has emerged recently in Delaware of seizing cars and money at the time of a stop and possibly arrest. Police can, and do seize these items even though there may not be a clear link between the items seized and the crime…

Delaware Trial Practice Blog

When is a home purchased prior to marriage considered marital property?

Can a home that is purchased prior to marriage and titled in the name of only one spouse ever be considered marital property? The short answer is yes. Delaware law presumes that property purchased prior to marriage is non-marital. See 13 Del.…

Mediation in Family Court – Unique Rules For A Court Of Special Jurisdiction Part III

Mediation, it is a process and concept with which most people are familiar. The Court rules define it as follows: Mediation is a process by which a mediator facilitates the parties in reaching a mutually acceptable resolution of a…

The Kurt Busch Case Places a Spotlight on Petitions for Orders of Protection from Abuse

A variety of headlines in the news today announced that the Delaware Family Court granted the Petition for Order of Protection from Abuse (“PFA”) filed against NASCAR driver Kurt Busch. The PFA Order, which has been published by…

Delaware lenders and their attorneys are accustomed to seeing affidavits at commercial loan closings of borrowers and guarantors authorizing the entry of a judgment by confession, which state their contact with Delaware, and include the…

I have long held the opinion that many contract drafters make a big mistake by including too much language, when they would be better off leaving certain things unsaid. A recent example of this is the Delaware Chancery Court ruling in…

What are the landlord’s rights when the debtor-tenant decides to assume the lease?

Assumption of the lease is permissible even if the terms of the lease expressly prohibit assumption. Section 365 of the Bankruptcy Code requires a debtor-tenant to meet certain criteria in order to “assume” a lease. …

In the Altegrity, Inc. bankruptcy proceeding, a formation meeting has been scheduled for Tuesday, February 24, 2015 at 10:30 a.m. (ET) at the Doubletree Hotel, 700 N. King Street, Wilmington, DE 19801. Click here for a copy of the…

Fox Rothschild Named a “Go-To Law Firm” by Several in Annual Survey of Fortune 500 Companie

Recognized for its strategic litigation and intellectual property work, Fox Rothschild LLP was recently named a “Go-To Law Firm” by several clients in a survey of Fortune 500 companies conducted by American Lawyer Media…

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal…

Based on a briefing today at the White House, the following elements are expected to be part of the Administration’s announcement on immigration executive actions, also known as the President’s Immigration Accountability Executive…

Based on a briefing today at the White House, the following elements are expected to be part of the Administration’s announcement on immigration executive actions, also known as the President’s Immigration Accountability Executive…

Delaware Non-Compete Law Blog

Significant time, money and resources often goes into developing client relationships. To protect these relationships, more companies are requiring managers and other employees who have significant contact with clients to sign…

Unlike the employer-employee situation, a business merger or acquisition is likely to involve the sale of assets which includes the goodwill of the business. Noncompetition agreements entered into as part of a sale of a business are designed…

A recent survey conducted by several of my colleagues demonstrates the speed in which litigants can obtain preliminary relief from the Court of Chancery. The survey included a sampling and analysis of approximately 200 cases between 2009 and…

Delaware Law Office

Tomorrow ( June 16 ) is the Blues Festival in Saint Georges! It's for a great charity, CSO, inc, which is preparing to support the region in disaster relief and recovery efforts! It is being put on for us by Blue Horizon PromotionsIt is…

In 1970 the U.S. government passed the Bank Secrecy Act, aimed at discovering financial accounts and transactions that U.S. taxpayers held in foreign banks. Specifically, to ensure proper taxes were being paid on any income. The original goal…

Where is the best venue for dispute resolution?I guess that one way of looking at it depends on where you stand in the dispute. Your every day average Joe figures to have their best shot in a courtroom, possibly with a sympathetic jury.…

Maryland limited liability companies that pride themselves on their commitment to environmental and social responsibility soon may be able to obtain legal recognition, separate from their less magnanimous competitors. If passed, Senate Bill…

The USGBC Maryland Chapter will showcase its new Hunt Valley headquarters tomorrow, July 1, at 5:30 pm with a “See the Green Building Tour.” For more information on the event and to register, click here. The new office is in Schilling…